patent law under stress
Mitja Kovač (Author), Lana Rakovec (Author)

Abstract

Continents are facing an apocalyptic pandemic that is terribly dangerous for millions of their inhabitants. This paper seeks to address the role of intellectual property (IP) law in addressing the problem of the COVID-19 pandemic. We suggest that the current international IP law regime and the Trade-Related Aspects of Intellectual Property Rights Agreement are not insurmountable obstacles for access to a successful COVID-19 vaccine. The publicly advocated fundamental reform or even abolition of the present IP law regime under serious information asymmetries might be counterproductive and distortive. Via existing compulsory licensing, advance purchase agreements and the employment of patent-pools, research subsidies, reward mechanisms and reputational sanctions, governments can take the steps needed to effectively overcome any IP-associated barriers to access to crucial medicines/vaccines, particularly during the COVID-19 pandemic. Moreover, the current wave of medical research on COVID-19 suggests the previous vaccine R&D ‘failures’ were driven by the modest demand for such vaccines and were not due to an inadequate IP-incentive stream. The paper also suggests today's EU competition law rules on the horizontal exchange of information could be seen as an impediment to innovation and thus be temporary suspended.

Keywords

pandemija;patenti;intelektualna lastnina;zakonodaja;pandemic;patents;intelectual property;legislation;

Data

Language: English
Year of publishing:
Typology: 1.01 - Original Scientific Article
Organization: UL EF - Faculty of Economics
UDC: 346
COBISS: 103143427 Link will open in a new window
ISSN: 1422-2213
Views: 191
Downloads: 79
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Other data

Secondary language: Slovenian
Secondary keywords: pandemija;patenti;intelektualna lastnina;zakonodaja;
Type (COBISS): Article
Pages: str. 292-315
Volume: ǂVol. ǂ25
Issue: ǂiss. ǂ2
Chronology: Jul. 2022
DOI: 10.1111/jwip.12223
ID: 15003885